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A87637 Every mans case, or, Lawyers routed In seven treatises, the titles whereof you may find in the ensuing page. Written by John Jones, Gentl prisoner in the Fleet. Jones, John, of Neyath, Brecon. 1652 (1652) Wing J967; Thomason E1406_2; ESTC R209500 13,990 44

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mediate with forriners for Peace and so souldiers look to your own and fare well upon your own which the Law maketh and will maintain to be your own as shall be made good to his death by your faithfull and loving friend Iohn Jones The Generall Case concerning the relief of right Heirs dispossessed of their Estates by force and fraud THat Right once known so to be by Records or other sufficient testimonies ought to be so continued and maintained by the Supream Authority appeareth by the writ of Right both patent and close both in the Register and Fitz-Herberts Natura Brevium declared at large commanding inferiour Magistrates to hold right in its right place against all deforcement committed by force or fraud and that without delay and so righteously and fully Ne amplius inde clamorem audiamus 2. That as what is right is just what is just is right So the Supream power is bound to maintain both without deniall delay or corruption appeareth by the great Charter which saith we shall deny delay or sell Justice to no man 3. That not to do right and maintain it is in a Magistrate to do wrong and maintain it is a Principle of common reason which is one of the chief grounds of all humane Laws 4. That all Supream Magistrates are or ought to be bound by Oath to maintain right and truth against force and fraud to all their Inferiors and both to restore and defend the oppressed and punish the Oppressor appeareth by the Oaths of Kings and late Covenants and Votes of this Parliament the performance and practise whereof is all that ought to be wished by any wronged person 5. That by virtue of such Orths Votes and Covenants the Authority upon that Trust setled in the Supream Magistrate he becometh interessed in all mens Rights so that when they are wronged the Party grieved ought to sue for redress as well for the State as for himself as appeareth by the Writ of Deceipt and discourse thereupon in Fits Herbert Natura Brevium and the Register and Rastall and Cooks Books of Entires at large 6. The Sepream Magistrate being so invested in the right of the oppressed cannot be disinvested disseised expulsed or outed of that Right by any inferiour having the posse or Power not onely of the County but also of the Law and Common-Wealth to right and restore the Party expulsed to that Right remaining in the Eye of the Law fixt in the Magistrate so that it can be said to be but intruded upon and wrongfully detained from him and not disseised or expulsed and the Party grieved and expulsed of his right of possession hath a right of Inheritance by descent as appeareth by Inquisitions upon post mortem where the Party grieved is found Heir to his Father or Cosin and said that the Inheritance of right is descended and come Prout Lex postulat to him and the Writ of Right determineth as well the right of Inheritance as the right of possession as appeareth by the judgements thereupon related by both Rastall and Cooks Books of Entries at large 7. That the late Statutes for Champertie Fines and Limitations reach not to the Supream Magistrate that is sworn to restore and maintainright without any respect of time person or condition appeareth rational and necessary in construction of Law to save his Oath 8. That they are void Laws appeareth by three Reasons ratified by sound and approved Lawyers First for that they are contrary to the Law of God which admitteth of no time or means to bar or keep a man from his Right but his own Decree upon the merit of the Party interressed as the Captivity of the Israelites in Babylon Aegypt for seasons or the consent of the Party to devest himself of his Right by slighting it as Esau sold his Birtht right for a mess of Pottage Secondly for that they are against the great Charter which alloweth of no Disseision or Possession gained thereby Thirdy for that where Deceipts are the Grounds of Fines those Deceipts found and proved shake off all Buildings raised thereupon as appeareth by the proceeding usuall upon that Writ in the Books of Entries and Tearms of the Law 9. That Parties grieved have used to intitle the Supream Power for the time being to their Rights of Inheritance by Gifts Grants and Forfeitures upon Conditions not performed whereby to over-power those that over-powred them appeareth by severall Presidents extant 10. That the Exchecquer is the proper Court for the intituling of the Supream Power to such rights appeareth by the Great Charter which established it severall Ages before the Chancery came to being and the practice there was never discontinued as appeareth by Commissions granted to inquire and Inquisitions returned there and Proceedings had thereupon in all ages 11. That the Supream Power being intituled ought not to be suspended or Wayved without his consent is to be considered 12. That an Attachement before summons is an unlawfull Process especially against such as offer to appear gratis appeareth more hasty than wise in the Procurers The premisses considered and the Weight thereof being matter of Law and the prosit tending to the enabling of the Parliament to pay their debts and disoharge their Trusts to the Common-Wealth and the opposition made in this case being but by such as have gained the Estate and Right of the Common-Wealth to their own particular possession by fraud or force and further gained Acts of Parliament contrary to the Law of God and the great Charter to settle them in other mens Rights under pretence of a peaceable way contrary to the Scripture No Peace to the wicked let all honest and right Christians deliberately ponder the matter and ayd the Truth in what they may so craveth the well-wisher of all such Iohn Jones
Every Mans Case OR Lawyers Routed In seven Treatises the Titles whereof you may find in the ensuing page O ye Sons of men how long will you turn my glorie into shame how long will you love vanities and seek after leasing Selah Psal 4.2 Thou shalt destroy them that speak leasing The Lord will abhor bloudy and deceitfull men Psal 5.6 Their mouth is an open sepulcher they flatter with their tongue Destroy them O God let them fall by their own Counsel Cast them out in the multitude of their transgressions for they have Rebelled against thee But let those that trust in thee rejoyce For thou Lord wilt bless the righteous with favour wilt thou compass him as with a shield Written by John Jones Gentl prisoner in the Fleet. LONDON Printed and are to be sold at the Cock in Pauls Church-yard 1652. SEVEN TREATISES IN Reference to the Reforming of the Law and Lawyers 1. Every mans case or Lawyers Routed 2. The Judges Judged out of their own mouths 3. Eight observable points of Law fit to be known by every Justice of Peace 4. The authority of a Justice of Peace 5. The new Returna Brevium or the Law returned from Westminster to which is added the Petition of Right granted by King Charles the first 6. Jurors Judges both of Law and Fact 7. Theery of bloud or a true answer to those 13 false Reasons of the Filicers Attornies c. for the maintenance of Capias and Arrest of men's bodies for Debt TO HIS EXCELLENCIE OL. CROMVVEL Lord General of the Army of the Common-wealth of England The Humble Petition of John Jones Gent. and others Shewing THat whereas your Petitioner Jones and another were committed and kept prisoners in the Fleet by the Barons of the exchequer for executing Commissions under the Seal of that Court and Teste of the Lord Wild for the discovering of diverse lands in diverse Counties forefeited to the Common-wealth and concealed from them Which your Petitioners have sound out by the Oaths of lawful men and returned as they were commanded some of them to the said Court upon the expirations of their Commissions And have another unexpired with the Inquisitions thereupon made found in their hands which Commissions and Inquisitions that were filed the said Barons having notice by the Lawyers hired to attend them by the Concealers of the said Lands that the Petitioner Jones wrot the book called Judges judged out of their own mouthes and other books which he dedicated to your honour and your Army against corrupt Lawyers and their unlawful practises for their own unconscionable gaines and extortions contrary to all Law Justice and Equity in subversion thereof In their malignity to Jones looked upon their own Commissions as erroneous and unwarrantable by Law though presidented by learned and Judicious Lawyers in former ages which presidents the now Barons and Lawyers disregarding for the respect aforesaid have ordered all the said Commissions to be suppressed and no more such to issue And those that were together with the said Inquisitions thereupon to be vacated to the dammage of the Common-wealth found to be fined 100000. The legallity of which proceedings is a matter of great concernment decidable by Law wherein if the Barons have erred in their Commissions and Commands The Commissioners that did but execute the same ought not to be inprisoned and condemned by such Barons nor the Common-Wealths Interest be determined or waved by them without Consent of Parliament and decision of the law upon the matter at large being too much mischief to be committed or suffered to be done to the Common-wealth in the general your Petitioners in particular and to the Law it self by such dunstable Barons as dare assume the chair of Judicature upon the strength of their late unreasonable Statute for their excuse by way of misprision Which is as much to say they may do what they lift under the name of mistake And so they may mistake not onely the Law of England but also the Law of God in both Testaments In all which it is an Infallible Scripture Ignorance is no Plea The premisses tenderly considered may it please your honours to mediat to the house that the commitee for the Regulating of the Law be impowered to examine the Petitioner Jones and all his proceedings and the legallity thereof according to the ancient practise of the fundamental Law of England and also the illegallity and present practise of the now Judges and Lawyers contrary to the former and to certifie their opinions therein to the house for Reformation to be had as to Law shall appertain And that none of the Judges or prosessed Lawyers who have declared themselves your Petitioner Jones his adversaries be admitted to be his Judges though members of the house or of the Committee aforesaid And that the Warden of the fleet be required to Inlarge your Petitioner Jones upon Reasonable bayle to attend the said Committee and the house until his cause be determined And that the Barons be Commanded forthwith to restore the said Commissions and Inquisitions to the file which they have ordered to be taken off And to issue more such Commissions to any that shall require them in the behalf of the Common-Wealth And that the Commission inquisitions remaining in the Petitioners hands be returned to the said Committee to be determined accordingly And your Petitioner Jones shall pray c. Dedicated to the Common-wealth in general with this short epistle As the voice of the people is said to be the voice of God let the glory of God be the voice and vote of his people Amen yours Iohn Jones The case is THat Right once so known ought to be so continued and maintained to the Right heir by the supream magistrate who is the Immediat vice-gerent of God the Father Protector of Right and truth and hater of deceipts and falsities nay is all and always himself nothing but Truth Right Justice Love Mercy and Equity unchangeable everlasting whose vice-Royes therefore ought not to carrry his sword in vain but defend Right and cut off wrong at all times all opposers and oppositions to the contrary notwithstanding And to restore and Revive right if suppressed or mortified by any force or fraud how or how long soever any false laws made by false Lawyers contrary to the laws of God and Nature and to the great Charter of England notwithstanding proved by principles of Divinity maxims of Law And axioms of Philosophy as followeth God is almighty Gen. 17.1 yet cannot lie Heb. 6.18 Lawyers can bend their tongue like a bow to speak lyes Jer. 39.5 In every court it Westminster nothing more common especially Chancery They have made their statutes of champertite to deter all men but themselves to take any part of poor mens Rights to recover the rest from their oppressors that forciblie and fraudulently detain all from them their statutes of Fines and Recoveries to Establish the Right of the oppressed